The purpose of this chapter is to allow proper integration into the town of uses which may be suitable only in certain locations in the town or zoning district, or only if such uses are designed or laid out on the site in a particular manner. (Ord., 6-8-1989; amd. 2010 Code)

A conditional use permit shall be required for all uses listed as conditional uses in the district regulations or elsewhere in this title. A conditional use permit may be revoked upon failure to comply with conditions precedent to the original approval of the permit. (Ord., 6-8-1989; amd. 2010 Code)

   A.   Application: Application for a conditional use permit shall be made by the owner of the property or certified agent thereof, and shall be submitted to the planning commission through the town clerk.

   B.   Accompanying Documents: Two (2) complete sets of documents shall be submitted with the application for a conditional use permit. These documents will be of a size, nature and scale to completely describe both the physical characteristics and the intended use of the proposed project. In general, the following documents will be required at a minimum:

      1.   Site plans showing both existing and proposed new structures, streets, roads, walks, parking, grading, drainage, utilities, landscaping, revegetation, erosion control, signs, snow removal and storage, known avalanche paths and other natural hazards, access for both public and emergency vehicles, accessory buildings, and other pertinent information.

      2.   Site sections showing sight lines from appropriate adjacent properties and structures.

      3.   Building floor and other plans, elevations, section, and details of sufficient nature, size and scale to fully describe all proposed buildings.

      4.   Such other documents as may be necessary or appropriate to allow the planning commission to arrive at a decision.

      5.   If, in the opinion of the chairperson of the planning commission, or his designated representative, the documents submitted are insufficient to allow the planning commission to reach a decision, he may, at his discretion, require additional documents and/or data beyond those described above. (Ord., 6-8-1989)

   C.   Fees: Fees for conditional use permits shall be set by resolution of the town council. (Ord., 6-8-1989; amd. 2010 Code)

   D.   Public Hearing: No public hearing need be held, however, a hearing may be held when the planning commission shall deem such a hearing to be necessary and in the public interest. Such hearing, if deemed necessary, shall be held within fifteen (15) days from the date of the application. The particular time and place shall be determined by the chairperson of the planning commission. The chairperson of the planning commission shall require the town clerk to post a notice of the hearing in three (3) conspicuous places in the town not less than ten (10) calendar days prior to the date of such hearing. Failure of property owners to receive notice of said hearing shall in no way affect the validity of any action taken.

   E.   Determination: The planning commission may permit a conditional use to be located within any district in which the particular conditional use is permitted by the use regulations of this title. In authorizing any conditional use, the planning commission shall impose such requirements and conditions as required by law and any additional conditions as may be necessary for the protection of adjacent properties and the public welfare. The planning commission shall not authorize a conditional use permit unless the evidence presented is such as to establish:

      1.   The proposed use of the particular location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood and the community; and

      2.   Such use will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity; and

      3.   The proposed use will comply with regulations and conditions specified in this title for such use; and

      4.   The proposed use will conform with the intent of the town master plan. (Ord., 6-8-1989)

   F.   Appeals Of Decisions: The applicant, planning staff and/or the building official shall have the right to appeal to the appeal authority any decision rendered by the planning commission by filing, in writing and in triplicate, the reasons for said appeal with the appeal authority within ten (10) days following the decision by the planning commission. If no appeal is taken within ten (10) days, the decision of the planning commission shall be deemed final.

      1.   Notification Of Planning Commission: The appeal authority shall notify the planning commission of the date of said review, in writing, at least fifteen (15) days preceding the date set for said appeal to enable the planning commission to prepare the record for said appeal.

      2.   Determination Of Appeal Authority: On appeal, the appeal authority may make its decision on the record or it may hear the application "de novo". The appeal authority may affirm, reverse, alter or remand for further review and consideration any action taken by said planning commission. (Ord. 90-O-6, 4-12-1990; amd. 2010 Code)

   G.   Inspection: Following the issuance of a conditional use permit by the planning commission, the building official may approve an application for a building permit subject the applicant having met all imposed conditions and restrictions and pursuant to chapter 2 of this title, and shall ensure that development is undertaken and completed in compliance with said permits.

   H.   Time Limit: Unless there is substantial action under a conditional use permit within a maximum period of one year from the date of its issuance, the conditional use permit shall expire. The planning commission may grant a maximum extension of six (6) months under exceptional circumstances. (Ord., 6-8-1989)

   A.   Permit: The town council may authorize the issuance of a permit to sell alcoholic beverages. (Ord., 6-8-1989)

   B.   Review; Application; Fee: All licenses for the sale of alcoholic beverages are subject to an annual review and all applications for a license for the sale of liquor or beer must be accompanied by a fee as set by resolution of the town council. (Ord., 6-8-1989; amd. 2010 Code)

   C.   Appeal: The denial of any permit to dispense alcoholic beverages by the town council is subject to review by the district court. All appeals of decisions of the town council to the district court must be filed with the appropriate body within thirty (30) days from the date of the town council action. (Ord., 6-8-1989)